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CC 04-19-6510321 SOUTH SARATOG-A- Ur!-TNYV!JjE ROAD C I Y O F _C T; P E R T T N 0 3 252-4505 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL - April 19, 1965 PLACE: Board Room, Cupertino School District Office 10300 Vista, Drive, Cupertino, California TIME: 8:00 P.m. I SALUTE TO THE FLAG II ROLL CALL Councilmen present: Finch, Fitzgerald, Noel, Stokes, Dempster Councilmen absent: None Staff present: City Manager, Phil Storm City Attorney, Sam Anderson G1.ty Clerk, Larry Martin Dir, of Public Works, Frank Finney Planning Director, Adde Laurin City Engineer, Bob Shook Recreation Director, John Parham Chief Bldg. Inspector., Bill Ben.evich Recording Secretary, Lois Inwards III MINUTES OF THE PREVIOUS MEETING - April 5, 1965 Moved by Councilman Finch, seconded by Councilman Fitzgerald, that the Minutes of April 5th be approved as recorded,. Motion carried, 5-0 IV ORAL AND WRITTEN C01_JlMUNI:CATION WRITTEN: 1. Notice of sale of land from Division of Highways. 2. Legislative Bulletin from League of Calif. Cities.. 3. Resolution from Redding supporting AB 1218, 4, Notice of Trafficways Committee meeting. 5. Notice from Oakland Flight Service Station, Federal Aviation Agency, asking anyone who sees an aircraft in obvious trouble to call them, reversing the charges. 6. Resolution from Santa Monica re AB 2050 (Freeways). 7. Notice from League of Calif. Cities re 40-hour work week for firemen. 8. Letter from Cupertino American Little League requesting the Council to waive a business license, as has been done in previous years, for their fund-raising carni- val to be held in July, 1965. .(Ref, Ord. 10). So moved, by Councilman Noel., seconded by Councilman Finch. Motion carried, 5-0 -1� M 9. Carbon cop r of letter from Westwood Oar{s Homeowners' As;sociat:.o!, to jef:+'erson '(Tt-,la.on School Distr Ict requesting G.j_F,a.n.1G�1','.i%1;='ti 0111 tt `':�'Ut'1L:'w.= No. iP, .r.nd requesting it be annexed to the C LL-y of x°a. Moved. by Counc t:.'..man Finch, seconded by Councilman Noel, o refe-r t tiis r.•;at „c.r lk., ie City :ar:agcr. a. Mc-tion _ -() 10. Communication f:i?orfi rBkG concerning uni_fcrmity of � Building Coi:.>.:. y 11. Notice of Bay Area Traffic Elzecutives' Council meeting. 12. California State Development Program., Phase One. Moved by Councilman F'i.Tach., seconded by Councilman Noel, that the written communications be received and filed. Motion carried, 5-0 ORAL 1. Pastor Grover Risner, 10100 N. Stelling Rd., Cupertino, said he had communicated with the City Momnager regarding erection of.a tent on the church parking loc during the months of July and August. He said they emphas .ue Evange-lism, They .have adequate sanitary facilities available aid plenty parking spaces. Councilman Finch asked t., capacity of the church and that of the tent, Pastor. Risner said t iz_-y both hold approxi- mately 375-"00 people. Councilman. Finch then asked why they nec-..deel tche -tent, Pai.stor R3_F_r...er answered that a lot of people r'ai_11 come 11.to a tent for Services who will not come into a Church, Councilman Ncel a.skr,d the City -Manager if Cupertino has ever had a ojl.milar° request. ';te City Manager said there was a pre,,,"..C. as regiu1=51 but that it �,;c1s denied because of inadequate rani t.ary fac1.l.i.t-ies and parkin.. Councilman. `,tok.es asked about the fire regulations. The Chief Building Inspector said the mire Marshall's Office has stipul.at::d the -tent would have to be of impregnated material, there must be adequate ingress and egress, and fire extingui3hers must be installed. Pastor Risner said they plan to meet all these specifications. Coucncilman Stokes asked the City Attorney what the City's recourse is if the tent is not removed by the end of the specified time, The City Attorney .answered that pro- bably the most effective way would be to have them post a bond to insure removal of the tent and cleanup of the area. Pastor Risner said it is their desire to meet all requirements of the . City; The City Attorney asked whether the neighbors might complain about noise, late hours, etc. Pastor Risner said there are no close neighbors at this time. 1"W Cou.nci_lman Stokes asked if there would be -, public ad- drr.,s o,�rstem ou..t,z�ine, Pastor Risner said it would be inr; de the tEn-oG j and ci:i.11 be off by 0. 30 or. 10:00 P.M. each night. -.2 - Councilman Fitzgerald .said that, until recently, he was living near the Church and. he always felt that church was a ��very good ne_gi1C)0:1?, 111e wonders, however, about the noise, etc., that would be gene:r:zted by this tent situation and whether on not it would bother anybody living as close as he did, The City Attorney asked the Pastor if this has anything to do with taxes. Pastor Risner said it does not; their only purpose in this matter is:to serve the people. Moved by Councilman i,'inch, seconded by Councilman Stokes, to grant Pastor Risner's request, Motion carried, 5-0 2.. Mr. Stephen Schott, 1408 North Winchester Road, repre- senting Due and Elliott, spoke on behalf of the Oak Dell Ranch Development, They would like to plant some Monterey Pines for about 300' along Stevens Creek Blvd to act as a buffer in the area that has been dedicated as an 81 right-of-way. He said the trees should be right below the fence line, to do the most good. The City Manager asked.where these trees would be in relation to the. future curb and sidewalk. Councilman Finch said that sooner or later, the street will be widened and feels it would make sense to plant the trees where they could remain permanently. Councilman Stokes asked how many trees would be planted. Mr. Schott said there would be about 20 trees, 151 apart. Moved by Councilman Finch, seconded by Councilman Fitzgerald, to refer this matter to the City Manager for a report back at the next regular meeting. Motion carried, 5-0 3. Mr. Carl.Tucci, 10642 Randy Lane, Cupertino, said he would like to see more men on the Planning Commission.. He cited the failure to have the last Planning Commis- sion meeting due to a lack of a quorum. Councilman Finch said this was the exception to the rule. To his knowledge, it was the first time this has ever happened in Cupertino. Illness, or several other legiti- mate reasons can cause absence from meetings -- whether there are 7 or 5 Commissioners. He would like to know their reasons before he.is prepared to form any opinions. The City Attorney said that it has been his experience to note the fact that an applicant has a rougher time getting 4 out of 7 votes than 3 out of 5, although he has no specific reasons for this fact. 4. .Mr. William Taylor, Riverside Drive, said that he has submitted a petition to City Hall. He was informed that this would come up under.the-City Manager's report. V A. REPORT Of, THE PLANNING COMMISSION (See' Minutes of 4/12) Chairman Gates said..the.Minutes speak..for themselves. Mayor Dempster asked Chairman Gates whether there have been excessive absences of any particular Comimissioners. Chairman Gates said he would have to check back on the previous Minutes before he could accurately answer this, -3- °4r M B.. REPORT OF TlT ARCM-L"-' ;CTUF �L AND S �:TE ALPI C-V`.i1'f! COMMITTEE (See Minu.teB of April 13, 1Jo51 1. Cl,�&!_,rmra.n :E_+nr o,an si.Ibmitted the p_!.ans for the addition .o ..,lie ��...-.... ..-.,n�3.."_t.^,:,.:n. ,-,h �:.i_ .�.� ;.et;.te:i- a„ Blaney and Eollinge'.01.j 'L-ider i.'v.f`p.:L"LCc 176-•65 ;ice-, Ike stated the applicant t.N`L-!_lizlg to pa,.ratic:;_r zate in our street tree prcg ream, 2. Applica tj_�:,.a 17; .*F r.:;•- 65 w,,,uI reclue,,t;:'_ng H-Control approval of er ec'cio.a c ' r1 ElaccT,a�,, v " sigr;, wh_i.ch will face the �✓ Moose Hall, not I-Ionaest:ea.d Road, and wi:il be on the building, This is a slot car racing e.,sta.blish.ment, 3, Application JJ.'(8-I-.:C_65 is for Mr, Robe?,t Marchant's plans to construct- offl.ce ' building-c in che Town Cenf;er, next to the We1..1s--Fargo Bank BuildInga Councilman Noe! ELs,ked if this is the same applicant whose development plan was scheduled to be acted upon at the lost Planning Commission meeting. lie war; told that it was, The City Attorney advised that it was not too jigni- ficant that this was passed. by H-Control before the Planning Commission acted upon it. H-Control sper.i- fied that their approval was contingent upon the approval by the Planning Commission., The.important thing is that it goes before both bodies before being reviewed by the City Council, Moved by Councilman Finch, Seconded by Councilman Fitzgc-rald, to approve applications 176-HC-65 and 177-14C-65, as recomme.n.ded by the H-Control Committee Motion carried, 5-0 Chairman llor°gan said a problem has come up regarding the time limitat.-ion on U;-3e Perry ..i::', as spe_,ified in the Ordinance, which the Committee plans to resolve at their next meeting, They have also requested the City Attorney attend theip next imeeting to give them ,some legal advise pertaining. to H-Control , VI PUBLIC HEARINGS A. Vaughn 0, Worth- Application 6-Z-65 for rezoning 0.37 acres from R-3-H to C-1-H, wea't side of Saratoga -Sunnyvale Road south of Mariani Avenue, midway between Stevens Creek Blvd and Junipero Serra Freeway (Tract 326, Parcel 53, Lot 33)o App--oved by Planning Commission Resolution No, 253, March 22, 1965, Ordinance No, 309, Mr, John Antonuccio, P.O. Box 662, Saratoga, representing Apollo Pools, Inc,, gave a recap of uses of adjacent pro- perties, Dr. Brown's animal hospital is in an M-1 zone, Cupertino Nursery is a non -conforming use. The property to the front and 'che rear of this property is zoned M-1, Councilman Fitzgerald asked whether this -will be a joint venture of real estate and swimming pool sales, Per. Antonuccio said that the real estate office operates in the 140W carport, Mayor ,Dempster asked whether the a,,,�,oli.ca.nt intends, to keep the house there. The applicant said this was 'the plan at the present t-Ime, .:la.._. Councilman Sto _�.;s asked about the parking facilities. He was told there is ample p.:,rking In the back of the property and some in the front, It depends on wr•.'it the City would recommend, There is also the possibility of using some of the veterinarian's parking lot, if necessary. Councilman Noel asked Chairman Gates whether there was any open discussion on this at the Planning Commission Hearings. Chairman Gates said there were no objections from the audience. However, this is another case of piecemeal development along Saratoga -Sunnyvale Road, Ile foresees future problems if this trend is allowed to continue, Councilman Fitzgerald said that real estate is proper C--1 use but asked whether a swimming pool business fits into this category. Councilman Noel is afraid the same thing might happen along here as has happened further south, beyond Cupertino's city limits. Councilman Noel moved to deny application 6-Z-65'. This motion was withdrawn in order to hear more discussion. Councilman Finch asked if the applicant is prepared to put in the necessary .improvements at this time. The applicant said they would like to put up a bond for this and have the work done at the time the adjacent improvements are put in, Councilman Stokes asked whether the Building Inspector has checked the layout, The Chief Building Inspector said he has gone over the important points with the applicant. Moved by Councilman Noel, seconded by Councilman Finch, to close the Public Hearings, Motion carried, 5-0 The City Attorney said swimming pools are not specified in the Ordinance under C-1-11., Mayor Dempster said he had thought that, at one time, we were not going along with existing residential homes being used for commercial purposes. We have turned down several applications on this basis. As far as.whether this should be classified as C-1 or C-2 could have been worked out, but he is against the use of the residence for offices. The City Manager asked the Chief Building Inspector about ,the matter of off -site improvements, -as far as the parking is concerned. The Chief Building Inspector said he had instructed the applicant about this and he was willing to put up a bond, :Mayor Dempster noted that the only part that has been used fora commercial ente.rprise.up to .this time is the carport. The house was being used as a residence until just recently. :.The Planning -Director said the present zoning here is for apartments, and that.would-be unsuitable along Saratoga - Sunnyvale Road, Rezoning; to commercial is advantageous, The City Council would h.ave.to make a judgment.whether or not a swimming pool business would fit in here... He agreed it would be very desirable to'have a unified plan along Saratoga -Sunnyvale Road, however, =1 M The Planning Director then suggested that the City Council might want to initiate a. Planned Community Zone on Stevens Creek Blvd, and on Saratoga -Sunnyvale Road. The Planning Commission has requezted this, Councilman Fitzgerald felt this was a ve uy good !Ica. Mayor Dempster said that if this were ,coned C-1 with the house on it, and. 'without any conditions attached to the rezoning, and. if the properQ changed hands, we could be faced with a, more d i..ffi.c;Ut problem than we now have, Councilman Finch concurred with the Mayor ra on. this. Moved by Councilman Finch, seconded by Councilman Noel, to deny application 6-Z-•65 , AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NOES: None Motion carried, 5-•0 Bo Proposed Water Department Rate Increase Mr. Curtis Harrison, of the Water Commission, said the fol- lowing four Minute Orders were Massed on April 17, 1965, by an affirmative vote of all Commissioners present, The only absentee was Mr. Ellis, who is in Australia. 1. To recommend that the City Council adopt irpigation water and equipment rental charges for the new Fisher well as follows: Euphrat and Nathanson properties: $3,00 per hour plus $7,60 per acre foot of water for county pump taxes, Former Stonesun property: $4,00 per hour plus $7.60 per acre foot of water for county pump taxes, In addition, irrigation pipe with accessories will be rented for use with the Fisher well at a rate of 100 per lineal foot, The tractor will be rented for $10.00 per day with no additional charge for the trailer. These rate to remain in effect until the present owner- ship of the above -named properties changes, 2. To recommend that the City Council increase the irriga- tion water charges on the Alves Line from $3.50 per hour to $4,00 per hour plus applicable Santa Clara Valley Water Conservation District water taxes. 3. To recommend that the City Council take immediate action to increase water rates for all domestic water service, covered by Ordinance No, 107A, dated June 18, 1962, by a minimum of 20 percent, 4. To .recommend that the City Council increase the water rate of Kaiser Aluminum and Chemical Company at Permanente from 150 to 201 per 100 cubic feet, a.;>, stipulated in the agreement dated September.l, 1961, The City Manager recapped his statements -in the."City Manager's Report" of. April 15, 1965, ,in regard to the pump tax increase, He added.that the proposed water rate increase will put the Water Department on a better financial position to handle any future capital improvements as they become necessary, They would like this increase to be effective for the billing in Vav, -6- Mayor Demp�;ter a,ulced for comments from the audience Mr. John Bell, 21984 McClol:tan, Monta Vista, asked how many customers were involved here. He vas told that 250 of the total 1685 customers lived within the City .Limits of Cupertino.. He said tl-1.a,t the Water Department asked for an increase just a couple of years a.go, and he wandered 'why a realistic in- crease could not have been projected at that time. Mayor Dempster said that, for one thing, we had no way of knowing about the pump t.,,x increase at that time. Moved By Councilman Finch, seconded by Councilman Noel, to close the Public Hearing, Motion carried, 5-0 The City Attorney read Ordinance No. 107(b), Raising the Water Rates. Moved by Councilman Finch, seconded by Councilman Fitzgerald, to enact Ordinance No. 107(b). AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NOES: None Motion carried, 5-0 C. Ordinance Nos. 220(a-1) and 002(k-1). Recommended by Planning Commission Resolution No. 254, March 22, 1965. Mayor Dempster asked for comments from the audience,- There were none. Moved by Councilman Finch, seconded by Councilman Fitzgerald, to close the Pizbl.ic Hearing, Motion carried, 5-0 The City Attorney said copies have been distributed and published and it would be in order to have these O.rdinan-yes read by title only. So moved by Councilman Stokes, seconded by Councilman Finch. Motion carried, 5-0 The City Clerk read the titles of Ordinance Nos. 220(a-1) and 002(k-1). The City Attorney then advised the above Ordinances can be enacted by a 4/5 vote. Moved by Councilman Finch, seconded by Councilman Noel, to enact Ordinance No. 220(a-1). AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NOES : None Motion carried, 5-0 Moved by Councilman Finch, seconded by Councilman Noel, to enact Ordinance No. 002(k-1). AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NOES: None Motion carried, 5-0 -7- The Planning Director said that the .Elanning Commicsion had recommended the more restrictive ve-rsion of Ordinance No, 220(a-1) and he aFiked whiel., version the City Council had seen fit to enact, Mayor Dempster said that it was the the more restrz.c'��ive vers..,Dti, tinat which wa.:� recommended by the Planning Commission, VII ORDINANCES AND RESOLUTIONS FOR ADOPTION A. Ordinance No,, 220(e); Cluster Ordinance, Zones R-1-C, R-2-C, R-24-c, R-3-C. Second Reading Moved by Councilman Stokes, seconded by Councilman Fitzgerald, to have Ordinance No, 220(e) read by title only. Motion carried, 5-0 The Planning Director said that the P G & E people were dissatisfied with one single sentence in this Ordinance, The Staff also wanted to make one minor change and P G & E people went along with this, Mr, Gil Gunn, Sunnyvale representative of P G & E, confirmed this, Moved by Councilman Stokes, seconded by Councilman Fitzgerald, to amend the Ordinance to incorporate those changes proposed by the Planning Director, V'cte on the Amendment; AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NOES: None Motion carried, 5-0 Vote on the Motion: AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NOES: None Motion carried, 5-0 Moved by Councilman Stokes, seconded by Councilman Noel, to adopt Ordinance No, 220(e), AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NOES: None Motion carried, 5-0 B. Ordinance No, 31.0: Hotel -Motel Tax` First Reading. The City Attorney gave the First Reading of Ordinance No. 310. VIII PAYING BILLS A. Resolutions No. 1086 and 1087. Treasurer Fitzgerald read Resolution No, 1086. 'qW Moved by Councilman Noel, seconded by Council_man,Finch, to adopt Resolution No. 1086. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Finch NOES: None Mo cicn carried, 1- 0 M Treaslire_r Fitzgerald read Resolution No. 1087. Moved by Councilman Finch, seconded by Councilman Stokes, to adopt Resolution No, 1087. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, 116wpster NOES: None Motion carried, 5-0 IX REPORT OF OFFICERS A. REPORT OF CITY TREASURER. He had nothing further to report. B. REPORT OF CITY MANAGER 1. The City has received a petition from residents who live on Riverside Drive. This situation has been inspected by the Director of Public Works, the City Manager, and the Chief Building Inspector, and it was not found to be detrimental to the health or safety of the neighborhood. The old barn and bus are unsightly, but do not contribute to an unhealthy condition. It is the opinion of the staff that the property owner has a right to put fill on her land that is not detrimental to adjoining property owners. Mr. William Taylor, 22444 Riverside Drive, said the dirt has been leveled somewhat, but as it dries up this summer there will be a dust hazard. The people who signed the petition would like to see it leveled down to the point where it was before. Mr, William Conlen, 22434 Riverside Drive, was con- cerned because the fill is bordering on his property. He asked if there are any regulations stating whether or not a property owner can put fill on their pro- perty to the point where it affects the view from adjoining homes. He asked if the City is planning to control grading. Miss Stella Gertson, 10850 Stevens Creek Canyon Road, said she is the property owner they are talking about and she is only covering the boulders, etc., that the Deep Cliffe developers shoved over onto her property. She said her intention was to put this nice sail in that low spot and plant some trees there. Mayor Dempster advised that the City does not have any Ordinances that could apply to a situation such as this; This is a problem to be worked out between the property owners.. 2. Traffic signals for. Mary and Homestead. Moved by Councilman Finch, seconded by Councilman .Fi4zgerald,.to:put this matter over for two weeks. Motion carried, 5-0 3.. The City Manager has.spoken with the City Hall architect, who told him that evidentally the CPM report at the last Council meeting was misleading. He said that we will have'the plans within 4 to 6 months. -9- 4. The City Ma.nag�:r requested a personnel session at the end. of this meeting, C. REPORT OF DIRECTOR OF PUBLIC WORKS Referring to his written report of April 19th, the Director of Public Works stated that: Item 1 was already covered at this meeting, Items 2 through 8 are progress reports, Item 9 is self-explanatory, D. REPORT OF CITY ATTORNEY 1. Regarding the covenants with the United States Government for $250, 000 under the Open Spaces Act, the City Attorney has checked the Agreements and finds everything is in order. He cautioned, however, that if' we should want to sell or exchange any of the park lands we will have to get United States Government approval, There are also stipulations regarding nori-d_tscrimination, etc,, and the fact that we are entitled to charge fees from non-residents, Resolution No. 1099 authorizes the Mayor and City Clerk to execute these contracts. Moved by Councilman Finch, seconded by Councilman Fitzgerald, to adopt Resolution No. 1.099. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster. NOES: None Motion carried, 5-0 E. REPORT OF :BUILDING OFFICIAL He stated that Ordinance No. 306 has been redesigned to establish continuity but the contents of the Ordinance have been preserved. F. REPORT OF THE RECREATION DIRECTOR la At their first official meeting, there was a con- tinuation of the orientation. program. Landscape architects introduced the Commissioners to the 701 Program as related to the parks program. Repre- sentatives of the Santa Clara Valley Water Conservation District announced the possibility of a percolation pond in the central park, The Commissioners are.looking forward to the joint meeting with the Council on May 4th, 8:00 P.M., in the Collins School library. 2. The Director recapped -the Easter Fun Day events. G,. REPORT OF PLANNING DIRECTOR He had nothing further to report, -• 10- X XI UNFINiSHL BUSINESS A. Mayor Dempster recommended the City council go forward at this time with the Planning Commission Ordinance. Councilman Fitzgerald feels it is unfair for an appli- cant to. have to get 4 out of 5 votes for a rezoning. The City Attorney said he would recheck the State Planning Act to see if it now takes a quorum or a majority of votes for rezonings . Councilman Stokes felt that when people are scheduled for a Hearing, they deserve to be heard. He felt it would be in order the the City Coune:..l to issue a directive saying: "If any Commissioner, on any Commis- sion, finds he cannot make a scheduled meeting he should notify the City that day, If it appears that a majority will not be present, the City Staff should try to phone those not planning to come and ask if it would be possible for them to rearrange their plans so there will be enough Commissioners at the meeting to carry on the City?s business." Councilman Finch moved the City Manager be instructed to contact Commissioner Small and ask when he intends to vacate his post. He felt the Council should hear from him first, before any action is taken on the Ordinance. NEW BUSINESS A. Award of Time Deposit - $18,000. On April 13, 1965, at 2:00 P.M., in the office of the City Clerk, the bids for the above -mentioned Time Deposit were opened. First Valley Bank offered the best interest rate of the 4 banks participating. Moved by Councilman Stokes, seconded by Councilman Finch, to award the Time Deposit for $18,000 to First Valley Bank AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NOES: None Motion carried, 5-0 B. Discussion of City Seal Councilman Finch and Mayor Dempster said they are in favor of changing the City Seal to one that is more appropriate to Cupertino's changing image. Councilman Fitzgerald suggested we open this up to the citizens and the high school and college students. The City Manager felt this sort of thing should be handled on a professional basis. Moved by Councilman Finch, seconded by Councilman Noel, to instruct the City Manager to arrange an appointment with the representative of Osborne -Kemper -Thomas, Inc,, Lyssa Ballentine, First Western Building, 1330.Broadwa.y, Suite lo44, Oaltiland, to place an order, and get samples of their artists' suggestions, Motion carried, 5-0 -11.__ C. The City Attorney, after d.:.,_i.ng a 11ttle rescz*,arch, con- firmed that it now tales a majoriluy vote of the total Commission to act upon a. rezoning. D. Councilman said he recen.l I had occF...sion to look at pictures taken of the foothi :! is over a. Year ago and he commented on how that area, has chi -_)aged in that short time. E. Councilman S'cokes Isaia he wau-i.d like to go into the Water Department situation further. With the college, the development of the Stoneson property, and Vallco Park, he wondered if this might not be the proper t_Ime for the Council to have a study presented -to them by Professionals in the field, Mayor. Dempster felt the Council should first ask the Water Commission for a joint meeting and if they feel professionals should make a study, that would be the Proper time to initiate it. Moved by Coun,cilman.Finch, seconded by Councilman Stokes, to have a joint meeting with the Water Commission on Monday, May loth, 8:00 P.M., -at City Hall. Motion carried, 5-0 F. Councilman Fitzgerald asked how the other Councilmen felt about endorsing the removal of dirty books from the newsstands, Councilman Finch said he, for one., did not feel qualified to judge what is morally suitable to sell on the newsstands; He felt the Legislators can handle the situation without being influenced by cities. XII ADJOURNMENT A. Council adjourned to a personnel session at 10:10 P.M. B. Moved by Councilman Finch, seconded by Councilman Fitzgerald, to adjourn the meeting at 10:40. APPROVED: /s/ _ J. Robert Dempster i�,Ia.yo r ATTEST: City Clerk r7w 10321 S,¡J'l';{ SA.!,;.rrOCA-5UNt.T:!J.E R~r.D 252-1i505 CI'J'Y OF C¡;PETI'C!Nl> c-:ïlfor'i 1a --- JIUJIU"l",t;:i OF TJœ REGULAR MEZl"ING ÚP 'IHE CIT"l CCtr1~C:rL _.__f' - n..,¡.,¿..... 19, 1965 PLACE: Board aoo., CUpertino School District Orflce 10300 V18ta Drive, CUpertl:lO, California 8:00 P.M. ftIŒ: 1: :u SALUTB '1'0 'I'HB P'LAG ROLL CALL Counci~ present: Counc~n absent: P1nch, Pitzgerald, Nod, Stokes, Dempster None City Manager, Phil Scorm City Attorney, Sam Anderson City Clerk, Larry Martin Dir. or Public Works, Frank Pinney PlannL~ Director, Adde Laurin City Er.gIne~r, Bob S~cok Recreation Di:rector, Jo~m Parh!lm ChIef Bldg. Irspector, Bill Benevlch Rec~rding Secretary, Lois Inw~rds III MINUTES OF THE PREVlOU3 !Œ..":TIm - Þ.prl1 5, 1965 Start present: Moved by Councilmõ.n Fi~~h, seconded by Cou"'1c1lman F - tzgerald, that the MInutes of April 5tn ~e approved as recorded. Motien car~ied, 5-0 17 C::AL AND Wi'J:T':'ElI CCrOOnÜCÞ.T!O!¡:-; WHITI'EI; : 1. Notice of sale of larA from DivIs1~n of Hl~hwa;(s. 2. Legislatlve ~lletin fr~c Lea~~e of Calif. ~ltie3. 3. Re~olution from Redding supporting A~ 1218. 4. ~tlce of Traffieways Commltte~ meetlng. 5. Notlce 1"rom Oakl,_::d Fl1ghi; Scrv 1e" 3tat1~n, Federal Avlatlon Agency, &3king ar,y:>ne wh.' se~s an a~rcraft in obvlous trouble to call the~, reversing t~e charges. 6. Resolutlon tram Santa Monica r~ AS 2050 (Freeways). 7. Notlce 1"rom League of Calif. Cities re to-hour work week for tiremen. 8. Letter from CUp!:l'tir:) A.'llerica:'} Little League requesting the Councl1 to wuIv~ a business licenac, as ~~s been done in prevjous years, fo~ their fund-raising carnl- val to be held in July, 1965. (Ref. Ord. 10). So œoved, by Councilman Noel, seco,~ed by CouncIlman 1'1noh. M~ti0n carr~e~, 5-0 , -.- 9. Ca~~n CC~l v~ letter froo We3twood 0aY.3 Hoœeowners' ~..~.;:,;c1at ~~.:¡ ttj Jcfff"r!Jo~1 l~n1on School ~)13trlct requesting d~san~{!xa~.1.,..n ~~ ··:1·,¡Jì0!:....:,;;- No. :" :::.nå r"!~est1ng it be a."1r..c:xed. to t.he C:"..¡ c;; ¿;~. '. CJ .:;.!"';a.. Moved b:r Cour.:!~~an Fin~h, se~ended by Cc~~cllman Noel, to refl'r' this r;:;.tter tl' tt:e C1t;¡ Mar.ag~r. Mctlon carrt~, 5-0 10. C~cm~nlcat1on rrom AB#.G concerning un1f~rm1t:r of !);ild~ng Cc,,~~'¡: in ti:~ Hay Area. 11. Notice or Bay Area Trafflc ~'ecutl~c~1 Counc1l meetlng. 12. CalUorn1a St:lte DevelOI'IDent Prograœ, rhaBe One. Moved by Co~~cilman Finch, seconded ~ Councilman Noel, that ~h~ wr1tten comŒUn1catlor.s be r'-ceiveè and filed. ~tion carried, 5-0 C~ 1. ?a"tor Gro·..er !'.isner, 10100 N. Stelllng r.d., Cupcrtino, s,,~d he h~C: co=:unicaterJ. wIth the '::ity ~Þr.ager rep;alùlng e:'ection ot a ':ent on the church parking lc.: during the x!':tt>& or Ju17 and August. lie oald they emphasize ~~~~eli&~. 7he7 have ~dequatc san~tarJ raci11~les ê.·..~11.:\blc _ r.." ¡:l~n1::y parì.:lng Sp:1C~~. :':'..;.~~llca.:l ¡':1!'".::h ~'f·kt.,! t~~.~ ~';'Fac~t:' cf' th~ chc.rcr. arad that ~~ 1;he te:>i;. r&.st..r P.ls. ,':' 3a1d t~,'-:r both h01d ~p~roxl- ::'.",:el;r 3..,5-:'C-: pecple. CO\;'rlcllrr.ar. ?inch th,;!1 ¡"skeJ why ~:-.:..:~'" T (.:;·lcrt '.:.~.:: ten":., î:.stor R19r.er a.ns"'er\?..i th;.lt a lot ::::' pco;J!e ..:.:..: :. ..:r.C' 1:'.::') ,1 t(.r.~ fer S~r'·¡':ce.;) w}.o will r.:: ~O;:-l~ ~_r:;,:, ~ C~¡'';':'':;~ ::-~"c:¡,lr.¡an !:.o..: aslrcd t~" City- M<illager 1~ C''-'i,o:ctlno has _;.;.~~. tk1d ~ . :--:~:al' re:~.,e.::t. rr!':e City Manager 3ûtd there \,;'~~ a pr'·-;-,...: :",e'\>.':J:' :.t'..lt -:-:-";;.~ it ·..·.·;,3 denl~d beca\..i.ae .::~ inaåc'ì11at..a f.3!'\;~a!"y rf..:,,~~_:'..ies ,-.j pa:-k1~;~. ,'.-"",oilUlUn Stc;;:es asked ab)\11; the fi:-c rc¡platlcno!. Thc ':::~ef Bu!lë1:\g ¡n~;J~ct,Jr s~ld the Flre Mar~ha]l' s Orfl~e r-:.s 3tlr.ulat~~ th" teat w~¡;.lè t.ave to te vf inlprcgnated =,~ter1~1, there r.:ust "e ãÖ.:::~U(o-,¡t~ :!.J)gres~ and egrf~SS, a!'!d ~ire extlngul:!r.ers Cluet be> ~nst:lE~,i. %,';' cor Risner ~a~d they pl~~ to meet all these spcc1flca:1ons. ::~eil~an StGkea askeù the City Attorn~y what the City'S N':(;ur~e is 1~ the tent 10 not !'emove.1 t:r the en.1 of the t;~~1fi~d ti~~. The City Attorney an~wercd that pro- ~~bly the mos: effective way weuld be to t~v~ them poßt :1 ::000 to 1n3..:re removal of thr. tent and clcam:p of the area. Paster P~sner &ald it Is thelr deElre tc meet ,,11 :""!qul:"elCents of the Cl ty. ~e Ctt,¡ ,~tto=ey aok~d ..hether the neighbors might c~r::þlalr. l::t.tx;;;.t r:cl::c, lat~ t.üurs. (~tc. Pastor Rlsner said there are no clo&e r,d~hbol'S "t this tlme. C~,m(:llm:\!'1 Stckes asked If tt:ere ~:~uld be a public ad- d~~" :Jy£te'" ç ';iIide. ?\p':or R!:¡neI' ",aid 1;; would be i:x:'de th.. t,,~,:; ar.c' \,]:1 be c':' by 9:30 or 1'):00 P.Io!. e3ch T¡:tg~~t. -2- C:':::~2!: Pitzgerald ~ that, untE ;'ecc:'\t.1y, t.e was l1'~; ~ar tho:. Cbureb ar.d hI! always l'pIt that church lias 1 'very ~t;Jd neiÇ'lY.!r.· fIe .ond~rs, ho.ever, about t~~ =c:'se, etc., t....3t wow.d be genE:- -_t",l b)- th1s tent s1:-..:.::~cn and whetr-er O!" nc:; it wO\¡}.:i both~r !Il13'body 11>.!-~ as close 3JI be cUd. '!'he :i~ Attcrnq ~.... tbe Pastor It th1s h38 8Ø7th1ng to X: with taxes. ra.tor Risner sa1d 1t does not; their o~ pgrpoae in t.II1a _t.ur 18 to serve the peop1e. Mend 117 Counc11- ~~ seconded 117 CouncUmsn Stokes, to ~t l'aator IH_.. request. ICðtSaD ~~, 5-0 2. Mr. Ste¡Wm Schot;1;.. 1'<)8 IIDrtb Wincbester Road, repre- senU!lf¡ Due and R'I'u...t;1;. spoke on bebal1' ot :;be Oak D611 Rancll Deve10pnent. 'IbI!)- would ltice to plant IIOme Mon!~"'e7 Pines tor a1Ioat 300' a10na Stevens Creek mY<! to act as a bu1't'er 1D the area that haS been deJ1cated as a:: 8' right-ot'-wa:r. &e said the trees shou1d be right bel:1t ':he fence l:1J4e, t;o do tho most good. The :'-1~ Kana8er a~ where these tree:- would be in re:~:~:~ to the fUture ClU"b and s1dE"walk. Counc1lman P1r.::: sald that aocmer or later, the street wl11 be wl=~=-oc a.-.d fef!ls 1t vt:w.d make sense to plant the trees whe:"! :::ey could remain permanel'::ly. Cc·..;:::::=n Stekea &S;ced how many trees would be planted. f.%'. 5::-.::t ~a1d there .0u111 be about 20 trees, 15' apart. Me...: ::; Councllmar. ?'-nch, seconded .':f Councilman Fl::;:!'Sld, to refer t~~3 ~~tter tG :he City Y~nager fc!' ~ !'epJrt back at t~ next regular meeting. Motlcn ,:~ed, 5-0 3. Mr. ===: Tuccl, lQ6.!;2 :la:xiy Lane, C>.lpert1no, aaie: he wc~: :~e to see mere men on the Plannina Cor.m:lss1c"1. He :~:~ the tallu--e to have the last Planning COlIIC!ls- si,,~, =e~:1ng due ~ a 1a::k 01" a quOI"Ul:1. Cc=:'--,,:'l Finch ~ tt'-l.8 waß the exc~ption to th~ rul... To ¡-":s ;c:owledse. 1t .a..;: the first U..,e th1s has eve.. ha;:,;-=~~~ in Cupert1r.o. :J.lness, or s",eral other leglti- ma:e ~asons can canae abeenc.. tro", ::>el~t1ngC -- whether the:"! ~~ 7 or 5 Ca-·.s1cnera. He would llke t., know the~!' :"!!8.Sons before he i8 prepared to fol'lll any opinions. The :~:y Attome,. z~ tha":: It has ~een ~ls expe!""en~e to ~:~~ ~he tact that an ~pplicant r~s a rv~~h~r tloe get~~..;¡ ,. out ot 7 VC~ than 3 out o~ 5, although r.e has ~o: ~peclflc rea~r.1I tcr th1s fact. 4. Mr. .1:11am Taylor, Mvera1de Drive, said that he r.as sub=1::'!d a pet1tion ~ Clt7 Hall. !Ie was lro:cl'llled tha: -:.:-~S would co.e \õp ander the City Manager's report. 'I" A. HEro?: c: THE PI.A!CnJIG Cœ!IIISSION !S"e Minutes ot 4/12) Cha1rma:; ~":i!S sa1d t!:e ii1D;:tell speak for thelllfJelves. Jea70r r"'=?5ter aaked ChaJ.r:ar. Cates whether there have been exce1!sl.:- ..::s~:1CCS ct :>n7 ¡;IaJ.-tlcular CoIUtl3$ionera. Cha1~ Gates sa~= ~ wC!uld have t:; lÜJleck b&,::k on ';he previous JU.nutes betore ::: :;J;,¡ld aocuratelJ' an...er this. -~- - 'i': B. ;E?(::1"1' 07 Tf~ hEC:-î;.~~;l'l.:r...'.~ A:rr S:'7:: AFPftO-:: ~ G~ITrr:E (3i?e ~;'tutC( of ;'pr::.l 13, ...;65: 1. c. ~.lctc:;¡,n í·:-..:-~ S"Cb=!~t;;~CÀ t:..(' p},..ns fo!" t:-.i: :id:1it1on :",;' c1-.0 1-.:' _ .,:_";'¿-~1: _~ :~t.';Ip.-;..r.· ~~cnteC" a~ B:la..~~7 a..'1d ::.~llingerl <.:..."'")C1é:-r app..i1Ci1''';' ~c_~ lïó··!ti·...:-65.. doe st.-ated t¡-~ app11=~ ~8 .1.111I1g to p.-~:'t:.c :pute in Cõ1r street 't~~ ~lant~ ....__.......aI::I. 2. Application ~1Ï -f.:::-6:) ";113 requE:~:t.t.ng J1...Contro1 approval of erection ç~ a '"Bacew..::" sign, wh1ch wIll face the IIoose Ha11. rut; a:-sr.ead RO:ld, 8:111 w111 be cn the building. DI:!s -;13 a slot car racing estab11.8h1Dent. 3. Application 1.78 ~ 1s for Mr. RobeI't Marchant's pl&nll to cors.t...--.t offIce bu!ldlngc In the Tmm Center. next to tile Vells-Fargo Bank n.rlld1r.g. Councilman Iioe1 ~Iœd if' th1s Is the same applicant whose develo¡ ." plan was scheduled to be a!:ted up:>n at the last P1-ng Comm1.&sion meeting. I!e ...a3 tol:1 that it 1I/ii.1I. The City Attornq aèvlsed that It w'~s not tOG .>lgnl- :"lcant that tM.8 _ pacsed by H-';ontrol t-ef'..re the Planning Comø1SaloD acted upon it. H-Ccn-:rç:;' :;perl- :"led that their a~1'!"'val was c?ntingent u;:.o'" -:he ,,;>~rc,,¿l by ';~ i'lEo:',:J1ng Ccc;.':'i~s1on, T.;e ~::.t:rta:1t ::--...:!'::; 13 t!':!l"; : -; ~~ !"J~!"ore ~c:h bojl~~ t~~c,':".t! beL-!g :"i:·.-~['wed 1;.j- ::.¿' C~-:y '~:::.;.:~c11 I~c':~:' ~:." Council~ ?~-.ct.. CJeccr~..:€::' b:r CO'k.(. !:::..::;r.. F':--.~~ ,:1 ~r- - --_"'0 ....-..·l·~a..,þ-...q 116 HC (:....= ;:a........¡ .:..:;._::-~__:: ' ....... <.:-._:-_...._ ç,:,Y _... 1.<.1.....:_ - -'-." -...- II '_:__<:', a" :-~,:-:o-_":._'-'c. by t'", ;,-C.'rltrcl Cç.",.,.-~~·,,,,,,· ~C~~~~ :;~~~j, 5-S CL:..::.:.....:.:: 1\ ..:~;::. sa-:-: :- ::-c.:.:r:::J r:::-.~ :':i"h? up rç,,;~~:--:,_.:,';: ~:-.~ t:.-.: :~.-:~:;~..:...._.....:"'. ':.;: _= :-~::--. .... ~~·_"..;lrl~d ~'. ::--..e: Or~~Z:.;~~ ~h1~~ ~~~ ~~~l:~_e p~~~~ LO ~~:l':~ ~~ t~~1r :¡,ex: ~.~.;';1t'g. ::-..~ :-47~ al~., rt~-_:-_~,,")~ed the '....:. ":: A-:'~J:'"ney a~::-.i :::-;:-1:" ~ex~ =..e~,:~~...g ~o 51ve ...~:~...!U 3C:~ l~;.;:.;.: ~1vise ;'=:·:!l~~.~..1; to E-C=:"..~:"'":.:.. P"_':3LIC :=:,_",:Y(;S A. Va\:.t;:-~ 0.. W'ortt.: ,._~;.~:.ca<,;lr:n 6-z--55 r'Jr rez~:::,,:".: :.."":"7 &C~S :"Mt:I R-3-H t..;:; C -:-:¿; we.Jt side o!' Sar,",~":.;:.-3-"&r_-..yvale Roal s:~th of Mar~~~ Aven~~. m~dway betde~n S~~7~~$ Cree~ B1vi ?~.d Junlpero Ser:-a Freeway (Tract 325, Fa!',:"': 53, Lot ::'. APP~~~~ =T ::ar¿ùlng C_~~1~51on Re3~:'~~~~~ No. ¿::. ~~rch ~2. :9E~.. Ordlr.~r.ce ~~.. 309. ~~. Jor~ ~~:onuccl0. P.G. ~x 662. Sarat~za. repr~s~~~~r.g ;,;:.ollo F:=ls, !nc., ga'7e a ~cap of uses cof adJace::': ;=-.- per~1es. ~r. Bro~~'= ~_~~i ~øpltal is 1& an M-l Z~~~. C-.l;~l'tinG x..:r::ery 1~ a ::c.:1-c.,....f'orming '-Ise. The pr-;?e~7 tc t:'e frcr.~ ar.d ~h~ rear ~~ t!:.:s 'P:o~rtJ' is zon~d M-l. C~~ncl1'!!-an ;oitzgera1d asked v:--;t:the!" t~:·~; ...111 be &. ~c:..:-;+.; .er.ture ,::' "cal estc..te a:Jd sonmming peol sale:;. "'.r. ~t;onucclc eaid that the rea1 estate office operates 1:". t;-,e c=port. "..2.3or r:=':;:3~er asked ~h2:~:.:e:- ':he z.ppl~;::an: intend::: ':.0 keep the oot:¡,,, '~:-'E:!'€. ~e apç11eant s¿;.j d th.!.s waB the plar. at the J:.re~;:,~ t1"_" -- Cmü.cilman Stokes as~cd a~u~ t~~ rark~g facilities. He was told there 1s ample p""~--king 11\ the back or the propert7 and some 1n the front. It deper.ds on what the Clty wowld 1"ecoaaend. There 1s also the I):)sslbUlty of using ~ ot' the veterinar1an's par:dng 10t. 1r necessary. Councllman Jfoe1 asked CbIdr!I8J1 Gates whether there -- IlD7 open d1acua.1OD on tb18 a~ the F1.""fI'g Coœ1e.lon 1IeØ'1JIS8. Cbau-D Gat.. aaS4 there were DO o!).1ect1ona trœI the alU41eace. BøRver. tb1.a 18 IIDOtber cøe ot pleceMal devel-OIIlTD" alonS S81'atop...s'.'''~4..1. 1Ioa4. Be t'o~ees future prob1_ U t;b1.8 ÞeDd 18 ~1oMd to cont;1D3e. 001mc11!l8D ntspra14 N14 tbat; real ..tate 111 proper C-l WI. but uked wbetber a n:f.-1"1 pool business fit. 1IIto tb1a cateao17. COUncUDan Roel 18 &rra14 tbe sue th1ng ad.ght happen alone bere as has haPpened further BOuth. be)'Ond Cuper1;mo'a d.t7 111D1ta. . Councll~ lfoe1 IDOved to de117 appl1cl1·;lon 6-Z-€5. 'lh1a _t1on wa.s w1t;bdrawn in order to hP.ar IDOre dlsC\1ðS1On. COUnclll11111 Pinch asked ~ t:'e applicant is prepared to put 1n tile necesslU")' 1œproyements at th1s tlme. TJ1e app::'loant said they would like to put up a bond for this and ha"7e tile work done at the tl_ tile adjacent IlDJ)1'Qvaæents ~ P'lt in. Councl1man Stokes asked whether the EUild1ng Inspector ~~ checked t~e lQ\)ut. The Chief' Bu.1ldlng Inspect<or sal:1 he haS gone 07er tile 1.IIIpOrta."1': polnu wlth the srplicant. Moved b:r Counclllll&ll Heel, seconded by Councilman P1nct:., to close tile Publ1c Hearings. Motlon CL'"T1ed, 5-0 '!'he Clty Attorney sald l!1Ii!:Zd.ng I):)ols are not spec1t'led 1r. the Ord1rwlce under C-l-H. Ma10r DeI:Ipst~r sald he ha1 ,=~.ought that, at one tlme, we were not ~ing along .1 ':h exi-:'::.ing resl<lentlal homes being used for cc_rcial JIU--poses. We have turned down sevec-al appl1cal1.cna on this baa1-... As far as whether this shoald be claasitied as C-l or C-2 cOl.ild have been w"rkßl1 out. Þ,¡t he ls against the use c~ the reaidence for of'rlces. The City Manager asked the Chief Bu.llci!ng Inspector abo'¡t the matter or orf-slte 1.aprovementa. 8S far as the parJdng ls concerned. '!'he Chie! Ðu.1.1d1ng Inspector aaid he had lnstructed the app1lcan': abo'.lt th1s v1d t.e was will1Dg to put up a bom.. JllQ"or Dempster noted thl: the on1y part tha~ hall beer. used for a commercial enterprise up 1;0 this t1mt' 1s t:.~ r.arport. The house was betng used as a residence until J,1ft recently. The Planning Director sale! the present zouin¡,¡ here 15 for apo¡œtaænts, and that wou1.d be "..U"1111.'.itable aJ.:>ng Saratoga- Sunnyvale Road. Rezoning to commerc1aJ. 1ß advantageoua. The City Counc1l 'would have to make à judgœent 1IlIether or not a swimming pool l'l1s1ness vouJr.. flt 1n her... I;e agreed it w0'.Ùo:1 be very desirable to have a \m1i'ied plé'-I1 aJ.o~ Saratoga-g,.1f'UlYVSle line-d. hoIorf!ver. . -5- ':'he Flar¡¡¡ln;; D1r~ctor then sugzested that :'1;<> Cit;y Co::c;r,cll mig~t. want to in1~iate a Pl~~~ed Co~ltr Zone on Steven3 Creek Blvd. ¡¡r.,1 0;1 s;;.rawsa-::u.m;rvale Ro~d. The Planning COl!ß!!isslon h>œ. ~'(:q\.'<:1:~r:::: thiE. Cou"cn~.<~ Fl,;zgerald felt this vaz a ve:.;,· gcod ~ ::':a. Mayor Dempster sald that 11" this were zoned c-~ w1th the houae on it, and wit:.out ~y conèit1.on;¡ at1;áched to the rezoning, and jf t::e ~perty change;) hams, we could be faced with a more dU'flt:ult; probl('~ tban we 1'.oW have. Counc11man Pinch concurred with the Y.ayor on this. Moved by Councl1C!'U\ Pinch, seconded Þy ccuncllman Noel, to deny apì'licat:1.on ó-z-65. AYEs: HOES: Councllmen Finch, Fitzgerald, Noel, Stokes, Dempster None Mat1.on carr1ed, 5-0 B. 1roposed. Water Depart-ent Rate '! J1CNaSe Mr. curtls Harrison, of the Water Commisslon, saId lowing four Minute Orders were passed o~ April 17, an ar1"lrmatlve vote of all Commlssionera "resent. absentee was Mr. ElU.8, who is In Australia. the fc~- 196:), by The only 1. To reco_nd that the City Council adopt lr-.-lgatior. wa1;er and equipment rental cha~~PR for the n~w Flsher w~ll as follow.!:: atphrat a:.d NathanSon properties: $3.00 pe!' ¡-.':>ur plus ~7.6o per acre fo?"; of "ater f-:'l' co'.mty p'~mp t&.Xes. Former St?neSUn prcper~y: $4.0J per ~~~~ ~lc;s $7.60 per a~re foot of water for county V~~p ~&7.es. In 3dd1t~~n~ ~r~~~~iun µl~e w1th access?r1es will be ren-:..e'i ~·0r U~ê \;:tth t..:-:,~ : :.sher ",[;:1 at .::. rate cf lo¢ fOr :,~n"al !?o·~. ~'be ';;r..;;tor >'~11 èe re:.-::e:i for $10.00 per ';'ay with no addit.~l,l"a1 ci'2.r-¿:'" for the ~ra;'ler. Th~s<; r::.te~ to ~t!~ :'.:: ~n e~~c!:t l1ntil t!<.e p:"~õ.Þ".:::t cÞwner- shlp of the a1x.ve-nä:JCd ~!'(;vertles er,&r.¡;c..-. 2. 70 recomme[~ t~t the Clty ~0~c11 incr",~se t~e ~rriga- tion water ct.arges on the ;,lv~s LiHE' freL' $3.5(, .,er hour to ~4.00 per hour pl~s applicable Santa Clara Valley Water Conservation Dlstrict water taxes. 3. To !'ecoumend that the City Council take lr:;11h~dlate action to increase vater rates 1"01' all domes~ic water s~r~i~e, covered by Ordinance No. l(ffA, dated June 18, 1962, by a minimum of 20 percellt. 4. To recODlDend that the City Council increase the wa\.er rate of Kaiaer Aluminum and Chemical Co~pany at Fermancnte fror:l 15¢ to 2o¢ per 100 cubic feet, a:: stip;.llated 1n the egreement dated S"pte;:lber 1, 1961. The City lI'.anager recap¡-ed hill statements In the "Cl1;y Manager's Report" ~f A~rl1 15, 1965, 1~ regard to the pump tax increase. He added that the pro¡;oseä water rate Increase wl11 put the Water Department on a better 1"1na:1cia1 pcsitlon to handle eny fut~e capital imp.~~e~ents as they becQme necessary. The:' '.G ,:~ 10::0 ',his InCl'c3se to be er"eetive 1"or the bll11n;::: ':'n ,.:3y. -6- Mayo:' Jec~ter ar.ked tor cou:ments ~:'Ot1 the a\'dí-'1ce. Mr. Jd:.'1 ~llJ 219~ ~\:ClclllinJ :':ont3 Vis1;a, asked how IDllIlY custoœrs were 1::.....o:.7ed here. He .1S told that 250 of the total 1585 cus~omers lived withl.1 ;.¡e Cit;r L1Md.ta or Cupertino. He sa.1i that the Water Departme1,t asked f'or 8n 1ncreaøe just a cou¡>:e of years ago. and he wondered w~ a rea11stlc 1n- crease cou1d not have 1:>een proj::cted at that t1me. IIQor Dellp8ter 8&14 tbat, tor one th1ng, we !lad no "ay ot 1mow1Dg about the ..-p tax 1ncrease at that t1lll. Moved B7 Couno11- P1Dch, seconded b7 Counc11-n Hoe1, to c10se the Pub11c - -!AS. Mot1.oa carried. 5-0 The City Attomq reed O1"41nance No. l07(b), Ra1a1ng the Water kte::. Moved by Councl1man P1Dch. seconded b7 Co~11111an P1tzgp.ra'.d, to enact Ordinance 110. 107(b). AYES: Councilmen Pb:Ich, P1trgerald, Noel. Stokes. Dempster NOES: None Motion carried, 5-0 c. Ord1r.a:::e Nos. 22O(a-l) and OC2(k-l). Recommer.üe:i by Planning COJlll!1ssion Res-lution !fo. 254, March 22, 1965. Mayor :'=pster as::~~ ~or comments !'rco the audlence. There were =-.:::!!. Moved :y Councl1~~ ~ch, seco~ed by Cou.'1cll~'1 ?itzgerald, to cl=.~ the Pu~11c Eea.r1ng. Mc-:~:~ carrled~ ~-:J The C~;J Attomey s~d copies have be2n dlstrltuted and publ1s~.ed and it wc'lid be in order to have these Ord1nan:es read ~7 title or,ly. So mc~ei ~y Councl'~- Stokes, seccnded by Cour.cllman P1nch. Mctlon carried, 5-0 The C~:y Clerk read tt..e titles of Ordinance Hos. 220(a-l) and C:::(k-l). The Cl:y Attomey tben advlsed the above Ordinances can be enacte-:! by a 4/5 vot~. Move~ !:y CO'Jncllman P1nch. seconded by Councl1man Hoel, to enact O!'din.mce Ho. 22Q(8-l). AYES: Councilmen P1=h. Fitzgerald, Noel. Stokes, Dempster NOES: None Mot1.on carrled, 5-0 Movèd èy Councilman i'1Dch. seconded by CO'lIlcl1111an Noel, to enact Ordinance No. 002(it-l). AYES: :~unc;ilmen Pinch. Fitzgerald, No<i!l, Stokes. Dempster HOES: :~~ne Mc~~on carx'led, 5-0 -7- ~.~ P:ann~!.z !'1.~f::~Ü:' $a.;:-l t:--zt the ?lann1ng ~ornmi~~:!on had recc=rn~ndea tr.e :C:'~ rC3t~lc::Ÿ·e '~c:·õ..i::on 0r C:"cilœnce Nc. 2~0(a-l) a.~ toe asked \:Ì'.~cJ. ".~r'!ion the C1ty Council ~4d 3e~n fit t'J er~ct. M~yor De~pst~r 3ald that 1t was the th~ :-tn::"e r€stri=t::.·~ vr:'l-~ .:"1; t~...ò.... t,111ch 1't:i~ recommended by t!:~ Flanning Cû=,,=:..sa1onA VII OF':::INANCES A1ID P.E30UH'IONS FOR ADOPl'ION A. Ord1ilaMe 110. 220(e) ~ R-2-C, R-24-C, R-3-C. Cluster Ord1r~ce, Zones R-l-C, Sec.:-nd Reading. Moved by Councn..... Stokes, seconded 117 Councilman Fitzgerald, to have Qr1'11-e Ro. 220(e) read by title on1y, p.otlon carr1ed, 5-0 'l'tle Plann1ng D1reCt:>r said that the PO'" E peop1e were dlssat1sfjed witb one s1ngle sentence in this Ordinance. The Star1" also .anted to make one mlnor change and P G 8< E recple went along with th1s. Mr. 011 Gunn, Sur.nyvale rep~sentati ve of P G a: E, con!lrmed this. Ho''':;! by C"unc1.lJIan Sto~(8S, :econded by Cc-UDcllman Fitzgerald, to amend the Qrð1r~ce to ir.~ ,:~rate t~o3e ch¿nges proposed ty the Plar_T11ng Ii1rector. v=':~ on the Ame:-"='~~:1t: ;'.:'?::.: Councl100:!:~ :l:1ch F1:=t=:.:rald, :;oel) S--:·;kes DCMpster hC:::S: None ··=t1c:\ c;lrrie':', 5-0 v~:~ O~ the Mrl~~~~: .\:::2: J-;C'::.s: Cvuncl1=~:-. :1nch Fltz.;erald, Uoel, ~~~okes, Dem~ster None M~~lcn carri~d, 5-0 ~~C";~.;! by Couhci~1 Sto1{es.. s~c,Jnded ty Cc~..:.~c:!.lman Noel.. to ai:~: Ord1nar.ce So. 220(e). A\-=· -~. l:C:.5 : Councllcer. :?~ch, F1t=;;erald, ¡¡oel, Stokes, Dernpste::o None ~~tlon carried, 5-0 B. 0rdinan~e ::~. :10: Hotel-~:otel 'rax. F:r.. ~ Readir.g. ;he City At';Orne:r gave tc.c: !'ll'st Readlng of û:'dinance !ó:-. 310. VItI r.~Y:NG BILLS A. Resolutions Nc. ::.'J86 and lc37. 'l'!'easurer Fltzg~rald read P.esolution No. l086. Mov~;! by Counc1::'-~~ No:l, 5eccr.jcd by Co~ncllman Finch, to ad~pt Resolution ~. l036. AY2S: Cou~c1l_n Finch, Fitz¡;erald, Noel, Sto!{es, Fl!1ch NOES: !;one . ~~tiGn c~~riej, 5-0 -8- Treall'tre':' Fltzf.erald reed Resolution No. lcö7. Moved ~y Councilman Pi~ch, seconded by Counc~lman Sto~es, to adop: Resolutlon No. 1087. AYES: Cc:mcilmen Plnch, Pitzgerald, Noel, Stokes, Dœpater BOloS: kne Mo~1on carried, 5-0 :IX IIBl'OR't OP OPnCERS A. IIBPœT or CI'l'!' 'J:'IUWroRER. He bII'1 nothing t'urther to report. B. REPORT or CI'l'!' MAHAGER 1. The Clty has received a petition from residents who live on Riverside Drive. This situation has been inspected by the Dlrector 01" Public Works, tl,.. Clty !'.anager, and the Chief Building Inspector, ant. It was not found to be detrimental to the health or sa1'ety ot the ne1ghborhood. The old barn and bus a:-e unslg;1tly, but do not contribute to an unhealthy :ondltion. It 1s the oplnion 01" the starf that the ~roperty owner has a rlght to put 1"111 on her land ~!'.at is not detrimental to adjoining property owners. !':. Willlac Taylor, 22444 Riveralde Drive, said the i~!'t has been leveled some~hat, but as It drles up :~s summer there wl1l be a dust hazard. The people v~o signed the petition would llke to see It leveled ~:wn to the polnt where It was be1"ore. !':. Wl1ltam Conlen, 22434 Riverslde Drive, was con- =~!'ned because the 1"ill is bordering cn hls property. :;~ asked 1f there are any regulations stat1ng whether :!' not a property owner can put f1ll on their pro- ;erty to the point where it affects the view 1"rom :.iJoining homes. He aslted 11" the Clty ls planning :0 contl'Ol grading. y~ss Stella Ger~son, 10650 Stevens Creek Canyon R·,ad, sa1d She ls t::·~ property owner they are talking about :.rod she 13 or~y cover~ng the boulders, etc., that the :eep C11ffe developers ShQved over onto I:er prcperty. S::e said ner 1ntention was to put this nlce 3011 1n :¡-.at low spot and plant some trees there. F~or Dempster advlsed that the Clty does not have any Ordinances that could apply to a sltuatlon such as this. Th1a 1s a problem to be worked out between :~e property owners. 2. l'ra1"r1c signa1s 1"or Mary and Homestead. Moved by Councilman :Fincr. seconded by Councilman Fl:zgerald, to put t~~s matter over 1"or two weeks. Mot1on carried, 5-0 3. ':'he City Manager \u;.s spoken with the City Hall !Uoch1tect, who told him that evidentally the CPM i report at the last Council meetlng was misleading. 3e sald that we wll1 haVd the plans wlth1n 4 to Ó :x:nths . -9- ~. The City Mnna¿~r ~c~uested ~ rer3~rnel E~ZB~on at the er.o of thlJ me~tl~g. C. REPORT OF DIRECTOR 0::' PIJEL¡G WORKS Re1"erring to h1s wr~tte~ report 01" April 19th, the Director of Public Works stated tl.at: Item 1 was already c~7ered at th1s meeting. Items 2 through 8 t>.re progress reports. Item 9 ls self-explanatory. D. REPORT OF CITY ATTORNEY 1. Regardlng the covenant:1 wlth the Unlted States Government for $250,000 under the Open Spaces Act, the City Attorney has checked tnc Agreementø and flnds everything 1s In order. He caut10~ed, however, that if we s~0uld want to sell or exchange any 01" the park lands we will Imvc to get United States Government approval. There are also stlpulations regardlng no~-dlscrimlnat1on, etc., and the f:,ct that we are ",ntitled to charge feeD from non-residents. Resolution No. 1099 authorlzes the Mayor and City Clerk to execute these contracts. Moved by Cour.cllman Flne-h, seconded by Councllman Fltzgerald, to adopt Resolution No. l099. AYES: Councilmen Finch, Fltzgerald, Noel, Stokes, Dempster NOES: None Motlon carried, 5-0 E. REPORT c,p BUILDING OFFICIAL He stated that Ordlr.ance Ne. 306 has ~een redeslgned to establlsh continuity but the contents of the Ordinance have been p~served. p. REPORT OP THE REx:REATION DIRECTCR 1. At thelr flrst official neeting, there was a con- ti~atlon of the or1entation program. Landscape architects introduced the Commissioners to the 701 Program as related to the parks program. Repre- sentatlves of the Santa Clara Valley Water Conservatlon District announced the posSlbllity ot a percolal.lon pond in the central parle. The Commissioners are looking forward to the joint meeting wlth the Council on May 1:\;11, 8:00 P.M.. In the Collln1i School library. 2. The Dlrector recapped the Easter Pun Day events. G. REPORT 010' PLANNING DIP.ECTOR He had lV.; thing 1"urther to report. -10- x UNFIW...sHED BUSINt:>S A. Mayor Dempster reco~Jded the City <;ouncll go fOl"Aard at this tlce with the Pla.~1ng Commission u.'CIinance. Councilman Pltzgerald feels It ls unfair for an appll- cant to have to get 4 out of 5 votes tor a rezoning. The City Attorney s&14 he would reche.'k the State "......'-1\8 Aot to see 1t it DOW takeS . quorum or a _3or1ty Of votès tor reaon1llp. CoaDø1l-.n Stokes fe1t that when people are scheduled 'tar a 1Ia1"1D8. they deserve to be heard. He felt It 1IOU1d be 1n order the the City Councl1 to issue a cfireotive saying: ·U UIJ' Co.-1saioner. on IUJ7 Colllll1s- eloD. t1ndø he cannot II8ke a acbeduled _tlng he should not1t7 the CSty that dq. U it appears that a majority W111 not be present. the City Starf should t17 to phone thoee not planning to co_ and ask 1t It would be possible tor thelll to rearrange thelr plans so there wll1 be e::ough Co1lllll1aa10l'lera at the meetlng to carry on the City's bus1ness." Councilman Plnch IIIOVed the Clty ManagE:r be L"1structed to contact Comm1ss10ner Small and ask when he 1ntends to vacate h1s post. He 1"elt the C~uncil should hear 1"rolll hll11 first, before any actlon ls taken on the Ordinance. XI NFo>/ BUSINESS A. Award of Tlme Deposit - $18,000. On Aprl1 13, 1965, at 2:00 P.M., in the o1"fice of the Clty Clerk, the bids for the above-mentioned Time Deposlt were openeè. First Valley Bank offered the best intE:rest rate of the q banks partlcipating. Moved by Councl1rnan Stokes, seconded by Councilman F1nch, to award the Time teposit for $18,000 to First Valley Bank. AYES: Councilmen Finch, Fltzgerald, Noel, Stokes, Dempster NOES: none Motion carried, 5-0 B. Discusslon of Clty Seal Councl1man Flnch and Mayor Dempster said they are In favor 01 changlng the Clty Seal to one that is more appropriate to Cupert1no's changlng image. Councl1man Pitzgerald suggested we open th1s up to the citlzens and the high school and college students. The Clty Manager felt thl~ sort ot thing should be handled on a professlonsl basis. Moved by Councilman Finch. seconded by Councl1man Noel, to inatruct the City Manager to arrang;e an appointment wlth the representative or 08borne-Keœper-'rhoaas, Inc., LyIIsa Ballent1ne, Pirst Western Building. 1330.Broadway, Sulte 1044, Oakland, to place an order. and get samples or their artlats' suggestions. Motion carried, 5-0 -11- c. ~~ C1t¡ At~o~~¡J aftar ~oi~~ a little rescJrch, con- f~rCled that ~~ noW t~' ~s a mJ:orlty vote of the total Commissior. -:;; act ':;:':'.1:;' re::O:l1ng. D. Councilman Noel B&ld t,,, r..eent1:r t.ad occasion to look at pictu~a to.lcen of the ~oo-th1lls over a year ago and he commented on how that a.rea haS changed in that short time. B. Colman".. Stokelll t:aid he would Uke to. SO into the Water Departllenta1tuatlon 1"Ur';her. Vltbtbe col1ege, the deve1o~t at the StonelK'D propert)', and Va11co Park. he 1IOIIdered jf' thia 1II1ght not be tbe JII'Ope1' time tor tobe Co1mCl1 to have a study preeøœeð to tœ. by lII'Otelllllllona1111 1n the field. IIQor Dempster telt the Councl1 ahou14 t1rBt aak tt.! Vater Cn-i"alon 1"or a Joint _tinS 8Dd U' they f'eel prof'eaaIona1s ahould make :I. study. that 1IO,~d be the proper time to 1nitiate It. Moved by Councllman F1nch, set:or.ded by Councl1man Stokes. to have a Jo1nt meeting with the Wat~r Co~ssion on M;¡nday. May 10th, 8:00 P.M., at City Y..sll. .!?tlon carried, 5-0 P. Councllman Fitzgerald ask~d h0w the cr.~er Councilmen felt about endorcing the removal of dirty books fl~m the newsstands. Councllman Finch said he, for one, dld ~ot feel q¡;.~li~ied to Judge what is morally suitable to sellon the news:;·'::""1ds. He felt tt.e Legislators can r~nd:e the situatlon witheet being lrSluenced by citles. nI ADJOURNMENT A. Councll adjourned to a personnel session at lO:lO P.M. B. Moved by Councilman F~~ch, seconded by Counciloan Fitzgerald, to adjourn the ~eeting at 10:40. ArPRO'lED: . /~I J. Rocert Dempster Ma:,"or - ATTEST: f~~,,~v ,.I C1t:r Clerk (!~\C -12- I ¡ 1